Who Can Apply
Violence Against Women Act *VAWA* is an immigrant visa petition that is available under the Immigration and Nationality Act (INA) for battered male or female, spouse, child, or parent of a U.S. citizen or permanent resident (Green Card holder). While filing for VAWA applicants are able to file a petition for themselves safely. The abuser will have no knowledge of the filling nor will they be notified.
There are different eligibility requirements for spouses, children, and parents of U.S. citizens and permanent residents. Parents of U.S. citizens may also apply for VAWA under the parent category. Other individuals may apply as a spouse if they or their child are or were abused by their U.S. citizen or permanent resident spouse. Any unmarried children under the age of 21 may be included when filing as a spouse.
Individuals may file as a child if they are unmarried, under 21 years of age, and were or are abused by their U.S. citizen or permanent resident parent. Individuals between the ages 21-25 may apply if they can prove that the delay in filing was due to the abuse.
VAWA is also available to individuals that are living abroad and whose abuser is an employee of the U.S. government, a member of the uniformed services, or if the abuse happened in the U.S.
Eligibility under each category is determined by relationship to the U.S. citizen or permanent resident abuser. Additionally applicants must prove that they have good moral character and that they have resided with and have suffered battery or extreme cruelty from their abuser.
Our attorney's would be happy to assist you with filing your application or to meet with you for further information during a consultation. You may also reach out to the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD) where you may get more information about shelters and mental health care.